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Private will make D liable for damages that are caused but NOT for punitive or nominal damagesSurroco v. GearyFire destroying town, D gives authority to destroy P’s home to stop the flamesfrom spreading Emergency Doctrine Vincent v. Lake Erie Transp. Co.P uses D’s dock in a storm,Damages to the dock No tort, but liable for damages to the dock Authority of Law: If D is commanded or authorized by law to do something, he is not liable for it. Arrests Can be made with or without a warrantWarranted arrests ministerial (officer is only liable if he acts improperly)
Common law rules:Either offiers or citizens can arrest without warrant to prevent or stop a felonyOfficers can arrest if they have info that provides reasonable grounds for thinking a felony occurredCitizens arrest OK if felony has in factoccurredPast felonies cannot be arrested for without warrantMisdemeanors need warrants unless committed in an officer’s presence Excessive force will render any arrester liableNegligence– generally involves conduct that falls below the standard of care established by law for the protection of others against the unreasonable risk of harmElements:(1)Dutyto use reasonable care(2) Failure to conform to the standard (i.e. breachof duty)(3) A reasonably close causalrelationship between the conduct and the injury(4) Actual loss or damage*You CAN act wrongfully in conduct that is generally discouraged, but if no injury results than you won’t be penalized Lubitz v. WellsD left golf club in yard and his son hit P with it – not negligent because golf club is not a generally dangerous objectLack of causationBlyth v. Birmingham Waterworks Co.Water main breaks in harsh, unforeseen winter; because weather was unpredictable, D not liableDuty of Drivers: drivers owe duty of care to his passengers because it is foreseeablethat they may be injured if, through inattention or otherwise, the driver involves the car he is operating (minors that are driving are held to the same standards as adult drivers)Pipher v. ParsellPassenger grabs wheel of D’s car twice; not negligent to ignore it the first time, but should have done something to prevent the second timeChicago, B. & Q.R. Co. v. KrayenbuhlRailroad turntable caseBurden of locking the turntable is less than the injuries that can result from itbeing unlocked, therefore negligenceDavison v. Snohomish
Bridge constructed by D, P drives up it, skids off – claims D should keep the guard rails modernWhile there may be a benefit in rebuilding guard rails, the burden of doing so is larger United States v. Carroll Towing Co.Boat docked, mooring lines negligently set up by D, boat ends up sinking and cargo lost (belonged to US)Hand formulaLiability depends on whether Burden < Probability X Liability oOnly fully correct on the assumption that the precaution would reduce the risk to 0